LEGAL PRINCIPLES OF BURGLARY INSURANCE
Definitions, meanings and offences relates to property and others in the Indian penal code:
Indian Penal code Section 378 defines Theft as : “Whoever, intending to take dishonestly any moveable property out of the possession of any person without the consent of that person, moves that property in order to such taking, is said to committing a theft.” Punishment for theft under criminal law is whoever commits theft will be punished with an imprisonment of either described for a term which may extend to 3 years, or with fine, or with both the punishments. Theft can be considered as generic term for all the crimes in which a person intentionally takes the personal assets without the permission of owner. Theft simply means taking something from someone else with an intention to permanently deprive them of it. Frauds, Embezzlement are examples of theft.
Indian penal code section 378: Theoffence is defined in this section and it relates only to movable property. Thus it can be said that the immovable property cannot be made a subject-matter of theft. But sometime the property which is immovable, after it is taken out from the earth can be stolen, for example a tree so long attached to earth cannot be made a subject of the offence of theft is complete. This term is defined as : whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent moves that property in order to such taking, is said to commit theft.
Section 379 in the Indian Penal Code. Punishment for theft.—whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 380 in the Indian Penal Code Theft in dwelling house Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 381 in the Indian Penal Code Theft by clerk or servant of property in possession of master.—Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 382 in the Indian Penal Code Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.—Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Section 383 in the Indian Penal code:Extortion:whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Section 384 in the Indian penal code: Punishment for extortion:—whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Main ingredients of the offence are-
- Intentionally putting a person in fear of injury to himself or another: and
- Dishonestly inducing the person so put in fear to deliver to any person any property or valuable security.
- Wilfully taking possession of or concealing unpurchased goods that are offered for sale
- With intention of converting the merchandise goods to the taker’s personal use without paying the purchase price.
- Possession or concealment of goods typically encompasses actions both on and outside the premises.
- The action of stealing goods from a shop, whilst pretending to be a legally entered customer into ashop.
- Theft of merchandisesfrom a shopping establishment or business establishment.
- Theft – Also known as “larceny,” theft is the act of taking someone else’s property without their consent. The offender is generally required to have the intention of depriving the rightful owner of the property permanently. (Theft is a matter of consent or rather not consenting). Theft is a statutory crime which is broader than larceny
- Robbery – A robbery can be defined as an individual’s attempt to take someone else’s property by using intimidation, threat or force. Robbery, like theft, involves taking someone else’s property without permission, but it also involves some other factors. Theft is named a robbery if a person uses violence, force, or intimidation to scare or hurt the owner or user of the property. The act of taking something from another person using force or the threat of force. It is also larceny with the use or threat of force.Robbery is a theft of a property using force or intimidating.
- It involves intimidating or using force on someone to steal his valuables
- It takes place when the victims are present.
- It is a violent crime
- Burglary – It differs from theft and robbery in that it is not necessary for something to actually have been taken, only the intent to do so. It is entering of the property of another with intent to commit a crime therein. Burglary is the illegal entry of a building with intent to commit a crime, especially theft. Though burglary often involves theft, theft doesn’t have to be committed to be charged with this crime. Entering into a building with the intention of committing a crime is sufficient to be charged with burglary. A person doesn’t have to enter a building forcibly to commit a burglary, entering through an unlocked door or window can also be viewed as burglary and is entering a building or structure with the intent of committing a crime.
- It involves entering without permission with criminal intention.
- It takes place when the victims are absent.
- It is not a violent crime
- Burglary or theft is misdemeanour – means,
- Burglary involving an offender entering a home or living space is considered “residential burglary.”
- Entering a store, shop, office building, or other structure used for business purposes with the intent to steal something, or to commit another type of felony, is considered “commercial burglary.” Many people are surprised to learn that scraping price tags off merchandise, removing products from packaging to avoid security devices, and other forms of theft that involve some effort to circumvent security or normally pricing are considered to be “commercial burglary”.
- First Degree Burglary
- Second Degree Burglary
- Third Degree Burglary
- Fourth Degree Burglary
- The theft of the property following the entry to the said premises by violent and forcible means (or)
- Theft by a person in the premises who subsequently breaks out by violent and forcible means.
- As whoever intending to take dishonestly any kind of movable property/goods/things out of the possession of any person without the consent of that person or of any person not having for that purpose any authority, moves the property in order to such taking is said to be commitment of theft.
- A person is said to commits house breaking/trespass, if he effects his entrance into the house(or any part of it) or if being in the house(or in any part of it) for the purpose of committing an offence, or having committed an offence therein he quit the house, such entrance or exit being made by use of force in any kind of form
- Mere theft without of force and violent forcible entry is not sustainable, but burglary and house breaking falls within the scope of burglary coverage.
- (Occupancy)
- (Key clause)
- Breaking of/entering in to the premises;
- First: if he enters or quits through a passage made by him or any abetter in the house trespass, in order to committing the house trespass.
- Second: If he enters or quits through any passage not intended by any person, other than himself or an abetter of offence, for human entrance or through any passage to which he has obtained access by scaling or climbing over any wall or building.
- Third: I he enters or quits through any passage which he or any abetter of the house trespass has opened, in order to committing of house trespass by any means by which that passage was not intended of the house to be opened.
- Fourth: If he enters or quits by opening any lock in order to committing of house trespass or in order to quitting of the premises after house/premises trespass.
- Fifth: If he effects the entrance or departure by using criminal force or committing an assault of by threatening of any person with assault.
- Sixth: if he enters or quits by any passage, which he knows to have been fastened against such entrance or departure and to have been unfastened by him or by an abetter of the house trespass.
- Theft: You may have visitors and helps commonly visiting your house. Although they may not intentionally steal anything, but there is every bit of a possibility that some household items may be lost – valuable and not valuable. In case of not so valuable items, say daily-use utensils, the concern may not be much. But, what if you lose a valuable diamond ring? Such a loss could be a theft during the normal course of activity in your house. You may discover such a loss over time and not instantly. Such losses are not covered under the householder’ policy as it is not treated as burglary.
- Burglary: For the sake of insurance, burglary is something that occurs when your house or office is broken into by force. For instance, the breaking in of a door or a window to get inside the premises is all signs that the house or office was burgled and robbed. It generally refers to crimes involving the unlawful entry of a structure with or without force.
- Robbery – Robberies involve the taking of valuables from another person(s) by force or threat of force.
- Insider Crime – Many businesses put a great deal of effort into protecting their property from theft by outsiders but neglect to put an equal effort into preventing insider theft.
- Identity Theft – Identity theft occurs when an individual uses someone else’s personal information to commit fraud.
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